Criminal Code (R.S.C., 1985, c. C-46)

Act current to 2016-06-21 and last amended on 2016-06-17. Previous Versions

Marginal note:Any justice may act before and after trial
  •  (1) Nothing in this Act or any other law shall be deemed to require a justice before whom proceedings are commenced or who issues process before or after the trial to be the justice or one of the justices before whom the trial is held.

  • Marginal note:Two or more justices

    (2) Where two or more justices have jurisdiction with respect to proceedings, they shall be present and act together at the trial, but one justice may thereafter do anything that is required or is authorized to be done in connection with the proceedings.

  • (3) and (4) [Repealed, R.S., 1985, c. 27 (1st Supp.), s. 172]

  • R.S., 1985, c. C-46, s. 790;
  • R.S., 1985, c. 27 (1st Supp.), s. 172.

 [Repealed, R.S., 1985, c. 27 (1st Supp.), s. 173]

 [Repealed, R.S., 1985, c. 27 (1st Supp.), s. 174]

Defects and Objections

 [Repealed, R.S., 1985, c. 27 (1st Supp.), s. 175]

Marginal note:No need to negative exception, etc.
  •  (1) No exception, exemption, proviso, excuse or qualification prescribed by law is required to be set out or negatived, as the case may be, in an information.

  • Marginal note:Burden of proving exception, etc.

    (2) The burden of proving that an exception, exemption, proviso, excuse or qualification prescribed by law operates in favour of the defendant is on the defendant, and the prosecutor is not required, except by way of rebuttal, to prove that the exception, exemption, proviso, excuse or qualification does not operate in favour of the defendant, whether or not it is set out in the information.

  • R.S., c. C-34, s. 730.

Application

Marginal note:Application of Parts XVI, XVIII, XVIII.1, XX and XX.1

 The provisions of Parts XVI and XVIII with respect to compelling the appearance of an accused before a justice, and the provisions of Parts XVIII.1, XX and XX.1, in so far as they are not inconsistent with this Part, apply, with any necessary modifications, to proceedings under this Part.

  • R.S., 1985, c. C-46, s. 795;
  • R.S., 1985, c. 27 (1st Supp.), s. 176;
  • 1991, c. 43, s. 7;
  • 2011, c. 16, s. 16.

 [Repealed, R.S., 1985, c. 27 (1st Supp.), s. 176]

Trial

Marginal note:Jurisdiction

 Every summary conviction court has jurisdiction to try, determine and adjudge proceedings to which this Part applies in the territorial division over which the person who constitutes that court has jurisdiction.

  • R.S., c. C-34, s. 733.
Marginal note:Non-appearance of prosecutor

 Where, in proceedings to which this Part applies, the defendant appears for the trial and the prosecutor, having had due notice, does not appear, the summary conviction court may dismiss the information or may adjourn the trial to some other time on such terms as it considers proper.

  • R.S., c. C-34, s. 734.
Marginal note:When both parties appear
  •  (1) Where the prosecutor and defendant appear for the trial, the summary conviction court shall proceed to hold the trial.

  • Marginal note:Counsel or agent

    (2) A defendant may appear personally or by counsel or agent, but the summary conviction court may require the defendant to appear personally and may, if it thinks fit, issue a warrant in Form 7 for the arrest of the defendant and adjourn the trial to await his appearance pursuant thereto.

  • Marginal note:Video links

    (2.1) Where the court so orders and the defendant agrees, the defendant who is confined in prison may appear by closed-circuit television or any other means that allow the court and the defendant to engage in simultaneous visual and oral communication, if the defendant is given the opportunity to communicate privately with counsel, in a case in which the defendant is represented by counsel.

  • Marginal note:Appearance by organization

    (3) Where the defendant is an organization, it shall appear by counsel or agent and, if it does not appear, the summary conviction court may, on proof of service of the summons, proceed ex parte to hold the trial.

  • R.S., 1985, c. C-46, s. 800;
  • 1997, c. 18, s. 111;
  • 2003, c. 21, s. 21.
Marginal note:Arraignment
  •  (1) Where the defendant appears for the trial, the substance of the information laid against him shall be stated to him, and he shall be asked,

    • (a) whether he pleads guilty or not guilty to the information, where the proceedings are in respect of an offence that is punishable on summary conviction; or

    • (b) whether he has cause to show why an order should not be made against him, in proceedings where a justice is authorized by law to make an order.

  • Marginal note:Finding of guilt, conviction or order if charge admitted

    (2) Where the defendant pleads guilty or does not show sufficient cause why an order should not be made against him, as the case may be, the summary conviction court shall convict the defendant, discharge the defendant under section 730 or make an order against the defendant accordingly.

  • Marginal note:Procedure if charge not admitted

    (3) Where the defendant pleads not guilty or states that he has cause to show why an order should not be made against him, as the case may be, the summary conviction court shall proceed with the trial, and shall take the evidence of witnesses for the prosecutor and the defendant in accordance with the provisions of Part XVIII relating to preliminary inquiries.

  • (4) and (5) [Repealed, R.S., 1985, c. 27 (1st Supp.), s. 177]

  • R.S., 1985, c. C-46, s. 801;
  • R.S., 1985, c. 27 (1st Supp.), s. 177, c. 1 (4th Supp.), s. 18(F);
  • 1995, c. 22, s. 10.
Marginal note:Right to make full answer and defence
  •  (1) The prosecutor is entitled personally to conduct his case and the defendant is entitled to make his full answer and defence.

  • Marginal note:Examination of witnesses

    (2) The prosecutor or defendant, as the case may be, may examine and cross-examine witnesses personally or by counsel or agent.

  • Marginal note:On oath

    (3) Every witness at a trial in proceedings to which this Part applies shall be examined under oath.

  • R.S., c. C-34, s. 737.
Marginal note:Limitation on the use of agents

 Despite subsections 800(2) and 802(2), a defendant may not appear or examine or cross-examine witnesses by agent if he or she is liable, on summary conviction, to imprisonment for a term of more than six months, unless the defendant is a corporation or the agent is authorized to do so under a program approved by the lieutenant governor in council of the province.

  • 2002, c. 13, s. 79.
Marginal note:Adjournment
  •  (1) The summary conviction court may, in its discretion, before or during the trial, adjourn the trial to a time and place to be appointed and stated in the presence of the parties or their counsel or agents.

  • Marginal note:Non-appearance of defendant

    (2) If a defendant who is tried alone or together with others does not appear at the time and place appointed for the trial after having been notified of that time and place, or does not appear for the resumption of a trial that has been adjourned in accordance with subsection (1), the summary conviction court

    • (a) may proceed ex parte to hear and determine the proceedings in the absence of that defendant as if they had appeared; or

    • (b) may, if it thinks fit, issue a warrant in Form 7 for the arrest of that defendant and adjourn the trial to await their appearance under the warrant.

  • Marginal note:Consent of Attorney General required

    (3) If the summary conviction court proceeds in the manner described in paragraph (2)(a), no proceedings under section 145 arising out of the defendant’s failure to appear at the time and place appointed for the trial or for the resumption of the trial shall, without the consent of the Attorney General, be instituted or be proceeded with.

  • Marginal note:Non-appearance of prosecutor

    (4) Where the prosecutor does not appear at the time and place appointed for the resumption of an adjourned trial, the summary conviction court may dismiss the information with or without costs.

  • (5) to (8) [Repealed, 1991, c. 43, s. 9]

  • R.S., 1985, c. C-46, s. 803;
  • 1991, c. 43, s. 9;
  • 1994, c. 44, s. 79;
  • 1997, c. 18, s. 112;
  • 2008, c. 18, s. 45.
 
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